§ 5-63. Vicious dogs to be confined; destruction; penalty imposed against owners.

(a)

When any fierce or dangerous dog or any dog that has previously attacked or bitten any person or domestic animal; or possesses a propensity to attack or bite any person or domestic animal; or to cause annoyance to persons using the public roads, streets or sidewalks; or to chase, worry or molest persons, livestock or other dogs; or to cause any damage or injury; which propensity is known or ought reasonably to be known by the owner of such dog, it shall be the duty of such owner to confine the dog to a yard completely enclosed by a fence of such height, strength and construction so as to prevent the dog confined therein from jumping over or crawling through or under such fence, and secured in such a manner as to prevent the inadvertent release of such dog and to post a notice on the premises, conspicuously visible to the public, noting in letters not less than two inches high "bad dog here" or "beware bad dog" or "beware of dog."

(b)

Any dog of vicious propensities found off the premises of its owner may be seized by any person authorized by the health commissioner or any other person as may be designated by the board of aldermen and the dog owner may be brought to trial. Upon establishment by a preponderance of the evidence of the vicious propensities of such dog and that it was off the premises of its owner by testimony, under oath, the court may order the dog to be destroyed by euthanasia and the owner may be subjected by the court to the penalties provided for in section 1-6 of this Code.

(c)

In a prosecution charging a violation of this section, proof that the dog was running loose in violation of this section, together with proof that the defendant named in the complaint was at the time described in the complaint the person who owned such dog, shall constitute a prima facie presumption sufficient for conviction that the owner was the person who permitted such dog to run at large.

(Code 1973, § 5-53)